Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the concise information provided on the application of Articles 6, 7, 10, 11, 12, 14, 16, 17, 20 and 21 of the Convention.

The Government states that, in response to the discontent among labour inspectors, who complain of a lack of resources, but above all demand the independence necessary for the exercise of their duties, measures have been taken to modernize a number of obsolete administrative bodies, certain external services have been supplied with office furniture and computer equipment and work areas have been refurbished.

The Government indicates that the human resource requirements of the labour inspectorate were planned for the period 1999-2005, but provides no information on the actual measures taken or envisaged in connection with the planning.

With regard to the conditions of recruitment and training of the labour inspection staff, the Government merely refers to certain general provisions of Act No. 08/1991. Noting that under the terms of section 32 of the Act, these issues are regulated by a specific regulation for each sector of public service, the Committee observes that the Government makes no mention of any text or draft text in reply to its request for information on this matter.

The Government’s response on an issue as fundamental as the reimbursement of the labour inspectors’ travel expenses, is that, in view of the difficult economic situation affecting the country, no measures have yet been taken. The Government thus implicitly recognizes that, although essential to their main duty of supervision, travel is impossible for labour inspectors and their role is thus reduced to a sedentary one as a result. That being so, the information provided by the Government under Articles 12 and 16 of the Convention concerning the right to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and concerning the resumption of inspections envisaged in all the enterprises and establishments in the territory, is more theoretical than practical. Moreover, under such conditions it is impossible for a central inspection authority to produce an annual report of inspection activities that contains information allowing an assessment of the application of the Convention.

The Committee wishes once again to draw the Government’s attention to the social and economic importance of implementing each provision of the Convention. In a favourable socio-economic situation, an inspection system based on the principles laid down in the Convention makes it possible to ensure the conditions for durable social peace and harmonious human and economic development. In times of economic and financial difficulties, such a system aims to maintain social achievements and to prevent, to the extent possible, the deterioration of working conditions and workers’ rights and the social, political and economic unrest that can ensue.

The Committee cannot overemphasize the need for the Government to make every effort to secure recognition of the value of the labour inspection system as a tool for establishing and maintaining social peace and to ensure that political and budgetary decisions are implemented for the progressive establishment of such a system, taking due account of national circumstances and after reviewing the current situation. The order of priority of the activities to be undertaken should be determined according to the urgency of the needs and relevant legislation should be adopted and applied to establish appropriate bodies with the adequate human and material means for the goals set. The Committee reminds the Government of the possibility of seeking ILO technical assistance and international economic aid to this end. It hopes that the Government in its next report will not fail to provide evidence of substantive progress in the application of the Convention or, at the very least, of steps taken to this end and the results obtained.

With reference to its general observation of 1999 on the role labour inspectors should play in combating child labour, and noting that the Government is committed to working actively towards this goal, in collaboration with the ILO-IPEC project to combat child labour in West and Central Africa (May 2002), the Committee hopes that the Government will not fail to take prompt measures enabling labour inspectors to put their skills and experience to good use in this context and will regularly provide information on the results of their activities in its future reports.